Extension of franchise to British citizens overseas

Extension of parliamentary franchise.
1
1
A person is entitled to vote as an elector at a parliamentary election in any constituency if—
a
he qualifies as an overseas elector in respect of that constituency on the date on which he makes a declaration under and in accordance with section 2 of this Act (“
the relevant date
”);
b
on that date and on the date of the poll—
i
he is not subject to any legal incapacity to vote, and
ii
he is a British citizen; and
c
on the date of the poll he is registered in a register of parliamentary electors for that constituency.
2
For the purposes of this Act and the principal Act a person qualifies as an overseas elector in respect of a constituency on the relevant date if—
a
on that date he is not resident in the United Kingdom, and
b
he satisfies one of the following sets of conditions.
3
The first set of conditions is that—
a
he was included in a register of parliamentary electors in respect of an address at a place that is situated within the constituency concerned,
b
that entry in the register was made on the basis that he was resident, or to be treated for the purposes of registration as resident, at that address,
c
that entry in the register was in force at any time falling within the period of
15 years
ending immediately before the relevant date, and
d
subsequent to that entry ceasing to have effect no entry was made in any register of parliamentary electors on the basis that he was resident, or to be treated for the purposes of registration as resident, at any other address.
4
The second set of conditions is that—
a
he was last resident in the United Kingdom within the period of
15 years
ending immediately before the relevant date,
b
he was by reason only of his age incapable of being included in any register of parliamentary electors in force on the last day on which he was resident in the United Kingdom, and
c
the address at which he was resident on that day was at a place that is situated within the constituency concerned and a parent or guardian of his was included, in respect of that address, in a register of parliamentary electors or a register of local government electors in force on that day.
5
The reference in subsection (1) above to a person being subject to a legal incapacity to vote on the relevant date does not include a reference to his being under the age of 18 on that date; and the reference in subsection (4) above to a register of local government electors includes a reference to a register of electors prepared for the purposes of local elections (within the meaning of the
Electoral Law Act (Northern Ireland) 1962).
1
A person is entitled to vote as an elector at a parliamentary election in a constituency if—
a
on the declaration date, the person—
i
qualifies as an overseas elector in respect of that constituency (see section 1A),
ii
is not subject to any legal incapacity to vote (age apart), and
iii
is a British citizen, and
b
on the date of the poll, the person—
i
is not subject to any legal incapacity to vote,
ii
is a British citizen, and
iii
is registered in a register of parliamentary electors for that constituency.
2
In this section, “
the declaration date
” means—
a
the date on which the person makes a declaration under and in accordance with
section 1C
(overseas elector’s declaration), or
b
where the person makes a declaration under and in accordance with
section 1E
(renewal declaration), the date on which the person makes the declaration.
S. 1 substituted (16.2.2001) by 2000 c. 2, s. 8, Sch. 2 para. 2; S.I. 2001/116, art. 2(1) (subject to transitional provisions in art. 2(3)-(5))
S. 1(3)(4)(b) modified (16.2.2001) by S.I. 2001/84, art. 2
Words in s. 1(3)(4) substituted (1.4.2002) by 2000 c. 41, s. 141(a) (with s. 156(6)); S.I. 2001/3526, art. 4
1962 c.14 (N.I.).
S. 1(3)(4)(b) modified (8.4.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 42(7), 52
S. 1(3)(4)(b) modified (14.5.2014) by House of Lords Reform Act 2014 (c. 24), ss. 4(6), 7(3)
S. 1(4)(b) modified (14.5.2014) by House of Lords Reform Act 2014 (c. 24), ss. 4(6), 7(3)
Ss. 1-1E substituted for ss. 1, 2 (6.2.2023 for specified purposes) by Elections Act 2022 (c. 37), ss. 14(1), 67(1); S.I. 2023/115, reg. 2(b)(i)